term defense (Texas) · Go Syfert
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term defense in Texas

22 Texas opinions name it 3 courts 1911–2024 3 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Williams v. Stategreen
texcrimapp · 1982 · cited in 3 Texas opinions naming this issue, 1998–2022
2 sentences

2022Williams v. State, 630 S.W.2d 640, 644 (Tex. Crim.

2015Williams v. State, 630 S.W.2d 640, 644 (Tex.Crim.App. 1982); Willis v. State, 790 S.W.2d at 315; and Sanders v. State.

33
Wichita Falls State Hospital v. Taylorgreen
tex · 2003 · cited in 2 Texas opinions naming this issue, 2016–2022
2 sentences

2022For purposes of this opinion, we use the term immunity to refer to governmental immunity. 15 altogether.”); Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 696 (Tex. 2003) (“Unlike immunity from suit, immunity from liability does not affect a court’s jurisdiction to hear a case and cannot be raised in a plea to the jurisdiction.”).

2016See Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692 , 694 n.3 (Tex. 2003).

22
U.S. Rentals, Inc. v. Mundy Service Corp.green
texapp · 1995 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024Corp., 901 S.W.2d 789, 792 (Tex. App.—Houston [14th Dist.] 1995, writ denied). 2 At the time of Dresser, UCC section 1.201(10) defined “conspicuous” as: A term or clause is conspicuous when it is so written that a reasonable person against whom it is to operate ought to have noticed it.

11
Federal Sign v. Texas Southern Universityred
tex · 1997 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022In Federal Sign v. Texas Southern University, 951 S.W.2d 401, 408 (Tex. 1997), the supreme court held that a governmental entity does not waive9 immunity from a breach-of-contract suit simply by entering into a contract for goods and 9 Although cases often use the term waiver-by-conduct, the supreme court has clarified that abrogation is a more appropriate term.

11
Giesberg v. Stategreen
texcrimapp · 1998 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020The term defense should not be used for an issue that has not been specifically labeled as such by the Legislature.” Giesberg v. State, 984 S.W.2d 245, 250-51 (Tex. Crim.

11
Patrick v. Barrettgreen
tex · 1987 · cited in 1 Texas opinions naming this issue, 2017–2017
2 sentences

2017The term exception is broader than the term reservation, as it can be used either to exempt an interest from the grant and retain it with the grantor or exempt “from the operation of the deed some part of the thing granted the title of which is at the time in another.” Id.; see also Patrick v. Barrett, 734 S.W.2d 646, 647 (Tex. 1987) (citing Pich, 302 S.W.2d at 648 ; Benge, 259 S.W.2d at 167–68).

2017The term exception is broader than the term reservation, as it can be used either to exempt an interest from the grant and retain it with the grantor or exempt “from the operation of the deed some part of the thing granted the title of which is at the time in -another.” Id.; see also Patrick v. Barrett, 734 S.W.2d 646, 647 (Tex. 1987). (citing Pick, 302 S.W.2d at 648 ; Benge, 259 S.W.2d at 167-68 ).

11
Pich v. Lankfordgreen
tex · 1957 · cited in 1 Texas opinions naming this issue, 2017–2017
2 sentences

2017The term exception is broader than the term reservation, as it can be used either to exempt an interest from the grant and retain it with the grantor or exempt “from the operation of the deed some part of the thing granted the title of which is at the time in another.” Id.; see also Patrick v. Barrett, 734 S.W.2d 646, 647 (Tex. 1987) (citing Pich, 302 S.W.2d at 648 ; Benge, 259 S.W.2d at 167–68).

2017The term exception is broader than the term reservation, as it can be used either to exempt an interest from the grant and retain it with the grantor or exempt “from the operation of the deed some part of the thing granted the title of which is at the time in -another.” Id.; see also Patrick v. Barrett, 734 S.W.2d 646, 647 (Tex. 1987). (citing Pick, 302 S.W.2d at 648 ; Benge, 259 S.W.2d at 167-68 ).

11
Clanin v. Claningreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., Clanin v. Clanin, 918 S.W.2d 673, 677 (Tex. App.––Fort Worth 1996, no writ) (explaining that trial court could enforce property division agreement to the extent of the property covered by the agreement and make a just and right division of the rest of the community estate).

11
Newman v. Obersteller Ex Rel. Oberstellergreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 2008–2008
1 sentence

2008See Newman v. Obersteller , 960 S.W.2d 621 , 622 B 23 (Tex. 1997).

11
Miles v. Stategreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Moreover, that burden remains upon the State throughout the trial until the jury reaches a verdict.” Miles v. State, 154 S.W.3d at 688 (Hudson, J., coneurringXcitations and internal quotes omitted).

11
Martin v. Martin, Martin & Richards, Inc.green
tex · 1999 · cited in 1 Texas opinions naming this issue, 2006–2006
1 sentence

2006Martin v. Martin, Martin & Richards, Inc ., 989 S.W.2d 357, 359 (Tex. 1998).

11
Stevens v. National Education Centers, Inc.green
texapp · 1999 · cited in 1 Texas opinions naming this issue, 2004–2004
2 sentences

2004See Stevens I, 990 S.W.2d at 379 .

2004See Stevens I, 990 S.W.2d at 379 .

11
Cibro Petroleum Products, Inc. v. Sohio Alaska Petroleum Co.green
nynd · 1985 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994The court held that “Notwithstanding [] protestations to the contrary, these contracts are admissible to aid the court in interpreting the term clause at issue in this litigation.” Id.

1994See 602 F.Supp. at 1551 (“Notwithstanding defendant’s protestations to the contrary, these contracts are admissible to aid the court in interpreting the term clause at issue in this litigation.”) (emphasis added).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (11)

CaseCitedYears
Brookshire Brothers, Ltd. v. Jerry Aldridge green
tex · 2014
1 sentence

2019Ltd. v. Aldridge, 438 S.W.3d 9 , 19 n.6 (Tex. 2014) (noting that Texas courts usually use the term presumption while federal courts generally refer to a spoliation instruction as an adverse-inference instruction). –17– what happened to the actual documents in the back of the vehicle.

12019–2019
Benge v. Scharbauer green
tex · 1953
2 sentences

2017The term exception is broader than the term reservation, as it can be used either to exempt an interest from the grant and retain it with the grantor or exempt “from the operation of the deed some part of the thing granted the title of which is at the time in another.” Id.; see also Patrick v. Barrett, 734 S.W.2d 646, 647 (Tex. 1987) (citing Pich, 302 S.W.2d at 648 ; Benge, 259 S.W.2d at 167–68).

2017The term exception is broader than the term reservation, as it can be used either to exempt an interest from the grant and retain it with the grantor or exempt “from the operation of the deed some part of the thing granted the title of which is at the time in -another.” Id.; see also Patrick v. Barrett, 734 S.W.2d 646, 647 (Tex. 1987). (citing Pick, 302 S.W.2d at 648 ; Benge, 259 S.W.2d at 167-68 ).

12017–2017
State v. Moreno green
texcrimapp · 1991
1 sentence

2012Id.

12012–2012
Mokkala v. Mead green
texapp · 2005
1 sentence

2006We also considered the term A claim @ as defined by statute as A > a health care liability claim. = @ Id. (quoting T ex.

12006–2006
Willis v. State green
texcrimapp · 1990
2 sentences

1998Williams v. State, 630 S.W.2d, 640 , 644 *251 (Tex.Crim.App.1982); Willis v. State, 790 S.W.2d at 315 ; and Sanders v. State .

1998Williams v. State, 630 S.W.2d, 640, 644 (Tex.Crim.App.1982); Willis v. State, 790 S.W.2d at 315 ; and Sanders v. State.

11998–1998
Mary S. Smith v. Don Chapman, D/B/A Don Chapman Motor Sales green
ca5 · 1980
1 sentence

1984A provision buried in a mass of fine print on the reverse side of a contract is not “conspicuous.” See Smith v. Chapman, 614 F.2d 968 (5th Cir.1980) (interpreting Texas law).

11984–1984
Carr v. Radkey green
tex · 1965
1 sentence

1979This is pointed out in Carr v. Radkey, 393 S.W.2d 806 (Tex.1965), where the court was of the opinion expert witnesses may testify to ultimate issues if their testimony promoted understanding of the issues and helped the jury to reach a decision, where to do so did not involve legal definitions, legal tests, or pure questions of law.

11979–1979
Carr v. Jones green
texapp · 1966
1 sentence

1976Moore v. Sellers, supra; Carr v. Jones, supra; Bogert, Law of Trusts, § 59, p. 223 (Fifth Edition 1973).

11976–1976
Caruthers v. Leonard green
texcommnapp · 1923
1 sentence

1928App.) 254 S. W. 779 , in an opinion by Section B of the Commission of Appeals, approved by the Supreme Court, it is held, in substance, that a lease conveying oil and gas in place with a right to enter and appropriate creates a determinable fee, or fee-simple determinable in the oil and gas in place, and not an. estate upon condition subsequent, the only estate remaining in the lessor being a mere possibility of reverter, and that while such possibility of reverter is assignable that a conveyance of an undivided one-half interest in minerals, in terms subject to existing mining lease, conveyed

11928–1928
Brown v. Ruse green
tex · 1888
2 sentences

1911In Brown v. Ruse, 69 Tex. 589 , 7 S. W. 489 , where the commissioners’ court after approving and directing the payment of a claim entered an order at a subsequent term, reciting that, there being no money in the treasury to meet claims of that character, no draft should issue on it or tax be levied to meet it, as provided in a former order, it was said by Judge Stayton, in passing( upon this question: “No subsequent action óf the court, had without notice to appellee, could affect his right, if this could have been done at all after the close of the term at which the claim was allowed,” approv

1911In Brown v. Ruse, 69 Tex. 589 , 7 S. W. 489 , where the commissioners’ court after approving and directing the payment of a claim entered an order at a subsequent term, reciting that, there being no money in the treasury to meet claims of that character, no draft should issue on it or tax be levied to meet it, as provided in a former order, it was said by Judge Stayton, in passing( upon this question: “No subsequent action óf the court, had without notice to appellee, could affect his right, if this could have been done at all after the close of the term at which the claim was allowed,” approv

11911–1911
Callaghan v. Salliway green
texapp · 1893
1 sentence

1911In Callaghan v. Salliway, 5 Tex. Civ.

11911–1911

Where else courts name it

CA 66 (1865–2026) NY 25 (1901–2025) IL 24 (1907–2026) MO 22 (1892–2022) TX 22 (1911–2024) WI 19 (1988–2026) CT 13 (1972–2015) MA 13 (1973–2018) OH 12 (1943–2025) WY 11 (1971–2023) PA 9 (1930–2015) WA 9 (1893–2017) FL 9 (1939–2017) MD 8 (1977–2024) KS 8 (1952–2022) GA 7 (1913–2007) IN 7 (1881–2005) OR 7 (1954–2016) KY 7 (1961–2023) NC 6 (1957–2023) NH 5 (2006–2016) MI 4 (1942–2010) ME 4 (1960–2025) NM 4 (1998–2020) DC 4 (2012–2024) IA 4 (1972–2000) AR 3 (1941–2002) NE 3 (1952–1992) OK 3 (1926–1938) HI 3 (1899–2016) WV 3 (1926–2012) MS 3 (1881–2020) NV 2 (2002–2002) AK 2 (1981–1989) LA 2 (1979–2011) TN 2 (1946–1979) ID 2 (1976–1991) CO 2 (2012–2016) AL 2 (1911–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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